Commercial litigation has formed much of David’s practice since he started at the Bar and it continues to do so in Silk. His experience covers all manner of cases but now has a particular focus on commercial litigation, including allegations of fraud; mortgages and asset recovery; company and shareholder disputes.
Recent examples of David’s work include:
- advising and representing a party interested in purchasing a well-known football club in proceedings arising from the sale of the club to a third party, including maintaining injunctive relief which had been obtained urgently
- advising and representing a major food manufacturer in connection with a dispute with an employment agency
- advising and representing the directors of a former high-profile retailer in connection with a dispute concerning a claim made against them
- advising a large group of claimants seeking damages from the professionals who acted for them in their failed investments in off-plan apartments
Bassini v Inner Circle Investments Ltd (2020): Appeared on behalf of the claimant who had obtained injunctive relief against the sale of a football club
2020: Representing a major food manufacturer in an ongoing dispute with an employment agency
2020: Representing individual directors of a former high-profile retailer in an ongoing dispute
2020: Advising a large group of claimants seeking damages from the professionals who acted for them in their failed investments in off-plan apartments
China Town Development Company Limited v Liverpool City Council  EWHC 3347 (Ch): Appeared for Liverpool in a dispute with the developer of a strategically important site in the city
Autocal Holdings Limited v Jeffery  EWHC 907 (Ch): Appeared at trial for the successful company claimant seeking to recover a loan made to its former director involving the cross-examination of expert witnesses on the value of alleged security for the loan
Kang v Singh  EWHC 598 (Ch): Obtained permission to appeal and rely on fresh evidence and then appeared for the successful appellants in possession proceedings between English and Canadian parties
2017: Appeared on behalf of a major utilities provider in proceedings brought against a sub-contractor and its directors in respect of over-charging involving obtaining a freezing injunction and then going on to achieve a compromise soon after
Utilise TDS Limited v Davies  EWHC 2127 (Ch): Appeared for one of the defendants in the substantive proceedings and succeeded in having the claim against him dismissed based on the true effect of an earlier compromise agreement made between the claimant and another defendant
Utilise TDS Limited v Davies & Bolton College  EWCA Civ 906: Appeared for one of the respondents in the Court of Appeal when three cases were heard together and fresh guidance was issued on the way in which CPR 3.9 was to be applied on applications for relief from sanction, following the decision in Mitchell v News Group Newspapers Ltd. (Reported as Denton v TH White Ltd and other appeals.)
Montpellier Estates Limited v Leeds City Council  EWHC 1343 (QB);  EWHC 166 (QB): Successfully defending a huge deceit claim (valued at in excess of £35million; trial lasted 35 days) brought in the context of the procurement exercise for the Leeds Arena.
The Sonae Group Limited (2013): Acting on an urgent basis for the insured defendant to a large number of personal injury claims brought in respect of a fire at commercial premises, successfully overturning the grant of a freezing injunction obtained against the defendant.
Willett v Economy Power  EWCA Civ 1164;  BPIR 1298: Appearing at trial and on appeal for Economy Power.